Chen v. Hospital Affiliates of Baton Rouge, Inc.

COVINGTON, Judge.

This matter came on pursuant to an alternative writ of mandamus issued herein commanding the trial judge to grant the defendant’s motion for trial by jury, conditioned as the law directs; or, in the alternative to show cause by briefs why the writ should not be made peremptory. After considering the record and the briefs, we hereby make the writ of mandamus peremptory.

As shown by the record, suit was brought by Mrs. Francis F. Chen, the plaintiff, alleging that she fractured her arm on December 8, 1976, while a patient at Doctors Memorial Hospital, through the negligence of…